SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(HP) 674

RAJIV SHARMA
Govind Ram – Appellant
Versus
Mehar Chand – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. R.K. Bawa, Advocate and Mr. M.S. Thakur, Advocate
For Respondents/Defendant:Mr. Digvijay Singh, Advocate for the Respondent No. 1, Ms. Meenakshi Sharma, Additional Advocate General, Mr. Vivek Singh Attri, Deputy Advocate General for the State, Mr. Jagan Nath, Advocate for the Respondent No. 3 and Mr. Raghunandan Chaudhary, Advocate for the Respondents No. 4 and 6

JUDGMENT

Rajiv Sharma, J.

1. This petition is directed against the order dated 29.1.2013 passed by the Deputy Commissioner, Mandi in file No. 11/2012 and order dated 24.7.2012 passed by the Authorized Officer-cum-Sub Divisional Officer (Civil), Sundernagar in case No. 1/2011. "Key facts" necessary for the adjudication of this petition are that respondent No. 1 filed election petition under Section 163 of the Himachal Pradesh Panchayati Raj Act, 1994 for setting aside the election of the Pradhan on the ground that his nomination was wrongly rejected by the A.R.O. However, his nomination paper was wrongly rejected by the Assistant Returning Officer on the ground that an FIR has been registered against him. According to him, mere registration of FIR against a candidate would not amount to disqualification and it is only when the Court takes cognizance, the nomination paper can be rejected. His further case is that on the date of scrutiny, i.e. 15.12.2010, the Court had not taken the cognizance and the charges were not framed against him, as such, the action was illegal.

2. Respondent No. 1 has examined himself and AW-2, Megh Singh, Sub-Inspector office of the Block Development Officer. T




































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top